Research On Chinese Statutory Marital Property System

The marital property system is the important legal protection for the material foundation of marriage and family and an important part of the statutory system of marriage and family.In the world, all countries attache great importance to the legislation of marital property system. The development trend of the system has experienced from the unity of husband and wife to the egalitarianism of husband and wife and the rights of the individual expand. The marital property system of our country is divided into two parts: statutory property system and stipulated property system.By the traditional culture and ideology of our country for thousands of years, people’s contract consciousness in the relationship of marital property is weak, the use of the contractual marital property system to adjust the proportion of marital property relations between husband and wife is very low, which results in the application space of the statutory marital property system in our country is very wide and holds the pivotal status in the marriage and family legislation. The marital property system is not only directly related to the normal operation of the marriage family life, which affects the marital common property rights, marital personal property rights and the effective exercise of the third person’s property rights, but also related to the security of the market transaction and the economic development of the whole society. Since the founding of our country, there were three legislative activities of the marriage and family law, the 1950 " Marriage Law of the People’s Republic of China"(hereinafter referred to as the 1950 "marriage law"), the 1980 " Marriage Law of the People’s Republic of China"(hereinafter referred to as the 1980 "marriage law") and the 2001 " Marriage Law of the People’s Republic of China "(hereinafter referred to as the current "marriage law"). Over the three marriage legislation, the statutory marital property system has different requirements, and has progress.The 1950 "marriage law" adopted the statutory marital property system as the general joint system and didn’t adopted the marital personal property rights. The 1980 "marriage law" adopted the joint system of the marriage income as the statutory marital property system.Current "marriage law" narrowed the scope of the marital common property and added the marital personal property system.The Supreme People’s Court has promulgated three application of the "marriage law" interpretation recent years to refine the content of the statutory marital property system.China’s current statutory marital property system embodies the equal protection between men and women, respect of the value of the individual and has greater progress.However, with the development of economy and society, the improvement of people’s living standards and the rich of the physical form, the marital property relation becomes increasingly complex, new situations and new problems such as the division of the marital joint property and the settlement of marital debt emerge in endlessly, gradually, there are many gaps shortcomings of our current statutory marital property system in the community life and judicial practice. Based on the basic theory of civil law, this paper introduces the basic theory of the statutory marital property system, including the related concepts, characteristics, types, the historical development process of the statutory marital property system, and the legislative value orientation of the statutory property system.After establishing the theory ground of the system, the author makes a detailed analysis of the main contents of the statutory marital property system and clears the current statutory marital property system including the marital joint property system and the marital personal property system. The author makes a systematic analysis on the statutory marital joint property, the scope of the marital personal property, the marital joint property rights and the marital personal property rights by arranging and concluding the related law and judicial interpretation. With a clear understanding of the statutory marital property system, the author assessed the system objectively and fairly. The author pointed that the current system is advanced and there be shortcomings in practice, including relative lagging’s legislative principle, the right of the marital joint property is not clear, the scope of the common property and personal property not reasonable, lack of non-normal statutory property system.Finally, in view of the shortcomings of the current system, the author points specific recommendations to improve the statutory marital property system.